Post
by bmss » Tue Sep 10, 2019 9:51 pm
Thank you for your reply, Please find below some Decision from the Judge, where they told there was no break in my 3C leave:
''
26. For these reason, I find on a balance of probabilities that the appellant's appeal against the refusal of his Tier 1 Entrepreneur application was received in time and there was no break in his 3C leave, I do not consider the respondent was accurate when calculating the appeal period referred to in the current refusal letter. To begin with it stated the refusal letter was sent on 2 April 2014 when there is clear evidence that it was not sent until 3 April and, when calculating the 14 day period, failed to take into account that in 2014 the Easter holidays intervened which should have been taken into account in the calculation.
27. It appears, therefore, that the appellant was able to show compliance with the long residence requirements of paragraph 276B(i)(a) in so far as he could show 10 years continuous lawful residence in the UK. The respondent did not consider the public interest issues set out in paragraph 276B (ii), which would include issues relevant to his private and family life.
28. I have therefore decided to allow the appeal to the extent that owing to error, the respondent failed to give proper consideration to the appellant's private and family life under the long residence provision for the reason set out above.
Notice of Decision
The appeal is allowed on human rights grounds to the extent set out above.''
I have receive SAR from HO which showed paragraph 27 and under that paragraph
''Applicant's appeal was allowed under Human Right Grounds
Applicant to be granted ILR
Please let me know is there still break in my 10 years,
Please also let me know what is the difference between getting ILR on 10 Years rout and getting on Human Rights Grounds
Best Regards